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JOURNAL OF ALABAMA

TWENTIETH DAY.

CONVENTION HALL.

Montgomery, Ala., Friday, June 11, 1901.

The Convention met pursuant to adjournment.

ROLL CALL.

On a call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Davis (Etowah),

Almon,

Dent,

Altman,

deGraffenried,

Ashcraft,

Duke,

Banks,

Eyster,

Barefield,

Espy,

Beaver,

Ferguson,

Beddow,

Fitts,

Bethune,

Fletcher,

Blackwell,

Foshee,

Boone,

Foster,

Brooks,

Gilmore,

Browne,

Glover,

Bulger,

Graham (Montgomery),

Burnett,

Graham (Talladega),

Burns,

Greer (Calhoun),

Byars,

Greer (Perry),

Carmichael (Colbert),

Handley,

Carmichael (Coffee),

Harrison,

Chapman,

Heflin (Chambers),

Cobb,

Heflin (Randolph),

Cofer,

Henderson,

Coleman (Greene),

Hodges,

Coleman (Walker),

Hood,

Cornwell,

Howell,

Craig,

Howze,

Davis (DeKalb),

Inge,


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CONSTITUTIONAL CONVENTION.

Jackson,

Parker (Elmore),

Jenkins,

Pearce,

Jones (Bibb),

Pettus,

Jones (Hale),

Pillans,

Jones (Montgomery),

Pitts,

Jones (Wilcox),

Porter,

Knight,

Proctor,

Ledbetter,

Reese,

Leigh,

Reynolds (Chilton),

Locklin,

Rogers (Lowndes),

Lomax,

Rogers (Sumter),

Long (Butler),

Sanders,

Long (Walker),

Sanford,

Lowe (Jefferson),

Selheimer,

Lowe (Lawrence),

Sentel1,

Macdonald,

Sloan,

McMillan (Wilcox),

Smith (Mobile),

Malone,

Smith, Mac. A.,

Martin,

Smith, Morgan M.,

Maxwell,

Sorrell,

Merrill,

Spears,

Miller (Marengo),

Spragins,

Miller (Wilcox),

Tayloe,

Moody,

Thompson,

Morrisette,

Vaughan,

Mulkey,

Waddell,

Murphree,

Walker,

NeSmith,

Weakley,

Norman,

Weatherly,

Norwood,

White,

Oates,

Whiteside,

O’Neal (Lauderdale),

Williams (Barbour),

Opp,

Williams (Marengo),

O’Rear,

Wilson (Clarke),

Palmer,

Wilson (Washington).

Parker (Cullman),

Winn-126.

LEAVE OF ABSENCE

Was granted to Messrs. Kyle for to-day and to-morrow; Robinson for to-day and to-morrow; O’Neil, of Jef-


268

JOURNAL OF ALABAMA

ferson, for to-day; Grant for to-day; Sollie for to-day; Kirkland for to-day; Espy for to-morrow; Haley for to-day, to-morrow and Monday; Weakley for to-morrow; Norwood for to-morrow; Moody for to-morrow.

REPORT OF THE COMMITTEE ON THE JOURNAL.

The chairman of the Committee on the Journal submitted the following report, which was concurred in:

The Committee on the Journal beg leave to report that they have examined the Journal for the nineteenth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

RESOLUTIONS.

Mr. Reese offered the following resolution:

Resolution 146:

Resolved, That hereafter when members shall come into the Convention, after the roll call, their presence may be noted by the Secretary, upon their personal application, without interrupting the Convention proceedings.

Mr. deGraffenried moved that the rules be suspended and the resolution be placed upon its immediate passage The rules were suspended and the resolution was adopted.

REPORT OF STANDING COMMITTEES.

Mr. Browne, chairman of the Committee on Taxation, submitted the following report which was read one time at length, and 300 copies ordered printed:

REPORT OF COMMITTEE ON TAXATION.

Mr. President:

The Committee on Taxation has instructed me to make the following report, viz.:

All of the ordinances referred to it have been carefully examined and considered by the Committee, and


269

CONSTITUTIONAL CONVENTION.

the substance of some of them has been incorporated in the herewith submitted Article on Taxation, which is recommended to be adopted in lieu of Article XI of the Constitution of 1875. Those suggestions, presented in such ordinances, which have been incorporated in the proposed article, will be manifest by the reading thereof.

All ordinances referred to the Committee are herewith returned. The changes in the Article on Taxation are as follows:

Section 1 has been so amended as to exclude from taxation debts for the rent or hire of real or personal property for the current year of rental or hire, in the hands of the landlord or hire, when the real or personal property is assessed for taxation at its full value.

Section 3 has been amended so as to authorize the Governor to negotiate temporary loans, not to exceed three hundred thousand dollars, whereas under the Constitution of 1875, such loans are limited to one hundred thousand dollars. And Section 3 has been so amended as to provide for refunding the bonded indebtedness of the State.

Section 4 is amended by limiting the amount of State tax to 65-100 of 1 percentum instead of 3-4 of 1 percentum.

Section 5 is amended so as to provide for the construction and maintenance of public roads by special taxation, as is now provided for public buildings and bridges, but all of such special tax is limited to 1-4 of 1 percentum, whereas the special tax for such buildings and bridges is now without constitutional limitation.

This section is further so amended as to provide that counties may levy and collect such special taxes as may be authorized by law for public schools, provided the extent of such tax, the time it is to be continued, and the purpose thereof, shall be first submitted to a vote of the qualified electors of the county who are property tax payers, and voted for by a majority in numbers, and in taxable value of property, voting at such election; provided also, that no such tax shall increase the total amount of taxation for all State and County purposes,


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JOURNAL OF ALABAMA

except public buildings, roads and bridges, to a greater rate than $1.25 on every one hundred dollars of taxable property. This public school fund is provided to be equitably appropriated, and paid to the several public schools in the county by the Commissioners’ Court or Boards of Revenue thereof.

Sec. 6 has been amended by striking out the words “or enterprises.”

Sec. 7 has been amended so as to provide for the levy and collection by cities and towns of a special school tax under similar restrictions to those with regard to the special school tax of counties providing the rate for all State, County and City purposes shall not exceed $1.75 on the hundred dollars of taxable property. This fund is to be appropriated equitably among and paid to the public schools of the city or town by the corporate authorities thereof.

Sec. 8 has been entirely omitted.

An additional section (as Section 9) is recommended limiting the indebtedness of counties to 5 percentum of the taxable value of the property thereof, but providing it shall not apply to indebtedness in excess of such 5 percentum which has been already created or authorized by law to be created.

A second additional section (as Section 10) is recommended limiting the indebtedness of cities and towns to 5 percentum of the taxable value of the property, but allowing an additional 3 percentum indebtedness for waterworks, gas and electric light plants, and sanitary sewerage. It is further provided that such limitation shall not apply to indebtedness in excess of such 5 percentum already created or authorized by law to be created.

CECIL BROWNE,

Chairman of Committee on Taxation.

ARTICLE XI-TAXATION.

Sec. 1. All taxes levied on property in this State shall be assessed in exact proportion to the value of such


271

CONSTITUTIONAL CONVENTION.

property, but no tax shall be assessed upon any debt for rent or hire of real or personal property while owned by the landlord or hirer during the current year of such rental or hire, and when such real or personal property is assessed at its full value; provided, however, the General Assembly may levy a poll tax, not to exceed $1.50 on each poll, which shall be applied exclusively in aid of the public school fund in the county so paying the same.

Sec. 2. No power to levy taxes shall be delegated to individuals or private corporations.

Sec. 3. After the ratification of this Constitution, no new debt shall be created against or incurred by this State, or its authority, except to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each House of the General Assembly, and the vote shall be taken by yeas and nays, and entered on the Journals; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void; provided, the Governor may be authorized to negotiate temporary loans, never to exceed three hundred thousand dollars, to meet the deficiencies in the Treasury; and until the same is paid, no new loan shall be negotiated; provided further, that this section shall not be so construed as to prevent the issuance of bonds for the purpose of refunding the State’s existing bonded indebtedness.

Sec. 4. The General Assembly shall not have the power to levy, in any one year, a greater rate of taxation than 65-100 of 1 percentum on the value of the taxable property within this State.

Sec. 5. No county in this State shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein, than 1-2 of 1 percentum; provided, that to pay debts existing at the ratification of the Constitution of 1875, an additional rate of 1-4 of 1 per centum may be levied and collected, which shall be exclusively appropriated to the payment of such debts or the interest thereon; provided further, that to pay any debt or liability now existing against


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JOURNAL OF ALABAMA

any county, incurred for the erection, construction and maintenance of the necessary public buildings or bridges or roads, any county may levy and collect such special taxes not to exceed a rate of 1-4 of 1 percentum, as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same were so levied and collected provided further, that for the maintenance of public schools any county may levy and collect such special tax as may be authorized bylaw, provided such special tax, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property taxpayers, who are qualified electors in said county and voted for by majority thereof in numbers and in value of taxable property, voting at such election, provided that the rate of such special tax for maintenance of public schools shall not increase the rate of taxation in any one year to more that $1.25 on every one hundred dollars worth of taxable property, for all State and County purposes, excluding any special tax for the erection, construction and maintenance of necessary public buildings, bridges and roads; and provided further, that such special tax for schools shall be apportioned equitably and paid to the public schools of such county, by the Court of County Commissioners or Board of Revenue thereof.

Sec. 6. The property of private corporations, associations and individuals of this State shall forever be taxed at the same rate; provided, this section shall not apply to institutions devoted exclusively to religious, educational or charitable purposes.

Sec 7. No city, town or other municipal corporation other than provided for in this article, shall levy or collect a larger rate of taxation in any one year on the property thereof, than 1-2 of 1 per centum of the value of such property, as assessed for State taxation during the preceding year; provided, that for the payment of debts existing at the time of the ratification of the Constitution of 1875 and the interest thereon, an additional rate of 1 percentum may be collected, to be applied exclusively to such indebtedness; provided, further, that


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CONSTITUTIONAL CONVENTION.

for the maintenance of public schools such city, town or other municipal corporation may levy and collect such special tax as may be authorized by law, provided such special tax shall not be levied and collected when it shall cause a greater rate of taxation in any one year than one dollar and seventy-five cents on every hundred dollars of taxable property, for all State, county and municipal purposes, except the erection, construction and maintenance by counties of necessary public buildings, bridges or roads, and provided such special tax for schools, the time it is to continue, and the purposes thereof, shall have been first submitted to a vote of the property tax payers who are qualified electors in said city, town or other municipal corporations, and voted for by majority thereof, in numbers, and in value of taxable property, voting at such election, and provided such tax for schools shall be apportioned equitably and paid to the public schools of said city, town or other municipal corporation by the municipal authorities thereof; and provided, this section shall not apply to the city of Mobile, which city may levy a tax not to exceed the rate of 3-4 of 1 per centum to pay the expenses of the city government, and may also levy a tax not to exceed the rate of 3-4 of 1 per centum to pay the indebtedness of said city existing at the time of the ratification of the Constitution of 1875, and the interest thereon; provided further, that this section shall not apply to the city of Birmingham, which city may levy and collect a tax not exceeding 1-2 of 1 per centum, in addition to the tax of 1-2 of 1 per centum hereinabove allowed to be levied and collected, such special tax to be applied exclusively to the payment of the interest on the bonds of the said city of Birmingham heretofore issued by said city in pursuance of law, and for a sinking fund to pay off said bonds at the maturity thereof.

Sec. 8. The General Assembly shall not have the power to require the counties or other municipal corporations to pay any charges which are now payable out of the State Treasury.

Sec 9. No county shall become indebted in an amount greater than 5 per centum of the taxable value of the


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JOURNAL OF ALABAMA

property thereof; provided, this section shall not apply to any indebtedness in excess of such 5 percent which has already been created, or authorized by law to be created.

Sec. 10. No city, town or other municipal corporation shall become indebted in an amount exceeding 5 per centum of the taxable value of the property thereof; provided, that for the erection or purchase of water-works, gas or electric plants, or sanitary sewerage an additional indebtedness not to exceed 3 per centum may be created; provided further, that this section shall not apply to indebtedness in excess of such 5 per centum already created or authorized by law to be created.

UNFINISHED BUSINESS.

The Convention proceeded to the consideration of the unfinished business which was Section 5 of the ordinance “To create and define the Executive Department.”

See. 5. The Governor, Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, State Auditor, Superintendent of Education, and Commissioner of Agriculture and Industries shall hold their respective offices for the term of 4 years from the first day of December of the year in which they shall have been elected, and until their successors shall be elected and qualified, and after the first election under this Constitution neither of them shall be eligible as his own successor; and the Governor shall not be eligible to election to any office under this State within one year after the expiration of his term; and his acceptance of the office of Governor shall be a pledge to the people not to accept an elect ion or appointment to the Senate of the United States at any time during his term, or within one year thereafter.

The question being upon the amendment offered by Mr. deGraffenried, which was read at length:

Amend Section 5 by striking therefrom all of the section that succeeds the following words in line seven, namely, “after the expiration of his term.”


275

CONSTITUTIONAL CONVENTION.

Mr. White moved to table the amendment offered by Mr. deGraffenried.

And the motion of Mr. White was lost.

The question recurred again upon the adoption of the amendment offered by Mr. deGraffenried, and the amendment was adopted.

Mr. Pettus offered the following amendment, which was read at length:

Amend Section 5, line six, by striking out the words “neither of them” in line five and six of said section, and inserting in lieu thereof the words “no one of said officers.”

And the amendment was adopted.

Mr. Chapman offered the following amendment, which was read at length:

Amend Section 5 of Article 5 as follows, by striking out the word “one” in lines seven and nine, and inserting in lieu thereof the word “four.”

Mr. Jones, of Montgomery, moved to table the amendment offered by Mr. Chapman, and the motion prevailed.

Mr. Foster offered the following amendment, which was read at length:

Amend Section 5 by adding immediately after the word “State,” in line seven, the following, “or to the Senate of the United States.”

And the amendment was adopted.

Mr. Dent offered the following amendment, which was read at length:

Amend Section 5 of Article 5 by adding after the words “as his own successor,” in the sixth line, the following words, “nor shall they be eligible as the successors of each other.”

Mr. Pettus moved to table the amendment offered by Mr. Dent, and the motion prevailed.

Mr. Ashcraft offered the following amendment, which was read at length:

Amend Section 5 by striking out of line six thereof the following words, “as his own successor; and the Governor shall not be eligible.”

Mr. Weatherly moved to table the amendment offered by Mr. Ashcraft, and the motion prevailed.


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JOURNAL OF ALABAMA

Mr. Harrison offered the following amendment, which was accepted by the chairman of the Committee on Executive Department:

Amend Section 5 by striking out the word “December” where it occurs in the fourth line of said section, and insert in lieu thereof the word “November,” and strike out the word “first” where it occurs on the third line of said section and insert in lieu thereof the word “fifteenth.”

The amendment of Mr. Harrison was adopted.

Mr. Pearce offered the following amendment, which was read at length:

Amend Section 5 in the sixth line, after the word “election” by adding the words “or appointment.”

And the amendment was adopted.

And Section 5, as amended, was adopted.

SECTION SIX.

Sec. 6. The Governor and Lieutenant Governor shall each be at least thirty years of age when elected and shall have been citizens of the United States ten years, and resident citizens of this State at least seven years next before the date of their election. The Lieutenant Governor shall be ex-officio President of the Senate, which shall elect a President pro tem from among its own members who shall discharge the duties of the Lieutenant Governor in the Senate, whenever he is absent or disqualified.

Was read at length.

Mr. Spraggins offered the following amendment, which was read at length:

To amend Section 6 by adding at the end thereof Abut the Lieutenant Governor, when acting as President of the Senate, shall have no right to vote, except in the event of a tie.

The amendment was adopted.

And Section 6, as amended, was adopted.

SECTION SEVEN

Sec. 7 The Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Su-


277

CONSTITUTIONAL CONVENTION.

perintendent of Education, and Commissioner of Agriculture and Industries shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they have been elected, and with the exception of the Lieutenant Governor, shall reside at the Capital. After the adoption of this Constitution, the compensation of the Governor shall be five thousand dollars per annum, which shall not be thereafter increased or diminished during the term for which he shall have been elected.

Mr. Vaughan submitted the following minority report:

The undersigned member of the Committee on Executive Department does not concur in the report of the Committee as to Section 7, and he offers as a substitute for Section 7, the following:

Sec. 7. The Governor, Lieutenant Governor, Secretary of State, State Auditor and Attorney General shall receive compensation for their services which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected, and shall except the Lieutenant Governor, reside at the State Capital during the time they continue in office, except in cases of epidemic.

Mr. Vaughan asked unanimous consent to offer the following amendment to Section 7 of the minority report:

Amend Section 7 by adding thereto “State Treasurer” after the words Secretary of State in the first line of the section; and the words “Commissioner of Agriculture and Industries” after the words “State Auditor” in the same line.

Consent was given, and the amendment was adopted.

Mr. Henderson offered the following amendment to the minority report which was read at length:

Amend Section 7 of the minority report by striking out the words “Lieutenant Governor” from the first line of said section.

Mr. deGraffenried moved to table the amendment offered by Mr. Henderson, and the motion prevailed.


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JOURNAL OF ALABAMA

Mr. Howze offered the following amendment, which was read at length:

Amend Section 7 of the minority report by adding the following: “The Lieutenant Governor shall be paid the same compensation as that received by the Speaker of the House, except when serving as Governor, when he shall receive the salary of said office.”

And the amendment was adopted.

Mr. deGraffenried moved to table the minority report, and the motion was lost.

Yeas, 37; nays, 90.

YEAS.

Messrs. President,

Macdonald,

Beddow,

Merrill,

Bethune,

Morrisette,

Boone,

Norwood,

Brooks,

Gates,

Burnett,

O’ Neal (Lauderdale),

Carmichael (Coffee),

Palmer,

Dent,

Pitts,

deGraffenried,

Rogers (Lowndes),

Fitts,

Sanders,

Gilmore,

Selheimer,

Graham (Talladega),

Smith (Mobile),

Heflin (Randolph),

Smith, Morgan M.,

Howell,

Tayloe,

Inge,

Waddell,

Jones (Bibb),

Watts

Jones (Montgomery),

White,

Lomax,

Wilson (Clarke)-37.

Lowe (Jefferson),

NOES.

Almon,

Bartlett,

Altman,

Beavers,

Ashcraft,

Blackwell,

Banks,

Browne,

Barefield,

Bulger,


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CONSTITUTIONAL CONVENTION.

Messrs. Almon,

Long (Butler),

Byars,

Long (Walker),

Carmichael (Colbert),

Lowe (Lawrence),

Case,

McMillan (Wilcox),

Chapman,

Malone,

Cobb,

Martin,

Cofer,

Maxwell,

Coleman (Greene),

Miller (Marengo),

Coleman (Walker),

Miller (Wilcox),

Cornwell,

Moody,

Craig,

Murphree,

Cunningham,

Opp,

Davis (DeKalb),

O’Rear,

Davis (Etowah),

Parker (Cullman),

Duke,

Parker (Elmore),

Eley,

Pearce,

Eyster,

Pettus,

Espy,

Pillans,

Ferguson,

Porter,

Fletcher,

Proctor,

Foster,

Reese,

Freeman,

Rogers (Sumter),

Glover,

Sanford,

Greer (Calhoun),

Searcy,

Greer (Perry),

Sentell,

Handley,

Smith, Mac. A.,

Harrison,

Sorrell,

Heflin (Chambers),

Spears,

Henderson,

Spragins,

Hodges,

Stewart,

Hood,

Studdard,

Howze,

Thompson,

Jackson,

Vaughan,

Jenkins.

Walker,

Jones (Hale),

Weakley,

Jones (Wilcox),

Weatherly,

Knight,

Whiteside,

Ledbetter,

Williams (Barbour),

Leigh,

Wilson (Washington),

Locklin,

Winn-90.


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JOURNAL OF ALABAMA

Mr. Pettus offered the following amendment, which was read at length:

Amend section of the minority report by striking out the word “State” where it appears respectively before the word “Auditor” and “Treasurer” in the first line of said section; and inserting the words “Superintendent of Education” after the word “General” in the second line of said section.

The amendment was adopted.

Mr. Burns offered the following amendment, which was read at length:

Amend by inserting after “salary” and per diem.

The amendment of Mr. Burns was lost.

Mr. Vaughan moved to adopt the minority report for Section, as amended, and the motion prevailed.

Yeas, 88; nays, 41.

YEAS.

Messrs. Almon,

Duke,

Altman,

Eley,

Ashcraft,

Eyster,

Barefield,

Espy,

Bartlett,

Ferguson,

Beavers,

Fletcher,

Blackwell,

Foster,

Browne,

Freeman,

Bulger,

Glover,

Burns,

Greer (Calhoun),

Byars,

Greer (Perry),

Carmichael (Colbert),

Handley,

Case

Harrison,

Chapman,

Heflin (Chambers),

Cobb

Henderson,

Cofer,

Hinson,

Coleman (Greene),

Hodges,

Coleman (Walker),

Hood,

Cornwell,

Jackson,

Cunningham,

Jenkins,

Davis (DeKalb),

Jones (Bibb),

Davis (Etowah),

Jones (Hale),


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CONSTITUTIONAL CONVENTION.

Jones (Wilcox),

Pillans,

Knight,

Porter,

Ledbetter,

Proctor,

Leigh,

Reese.

Locklin,

Rogers (Sumter),

Long (Butler),

Searcy,

Long (Walker),

Sentell,

Lone (Lawrence),

Sloan,

McMillan (Wilcox),

Smith, Mac. A.,

Malone,

Sorrell,

Martin,

Spears,

Maxwell,

Spragins,

Miller (Marengo),

Stewart,

Miller (Wilcox),

Thompson,

Moody,

Vaughan,

Murphree,

Walker,

Opp,

Weakley,

O’Rear,

Weatherly,

Parker (Cullman),

Whiteside,

Parker (Elmore),

Williams (Barbour),

Pearce,

Wilson (Washington).

Pettus,

Winn-88.

NAYS

Messrs. President,

Howell,

Banks,

Howze,

Beddow,

Inge,

Bethune,

Jones (Montgomery),

Boone,

Lomax,

Brooks,

Macdonald,

Burnett,

Merrill,

Carmichael (Coffee),

Morrisette

Craig,

Norman,

Dent,

Norwood,

deGraffenried,

Oates,

Fitts,

O’Neal (Lauderdale),

Gilmore,

Palmer,

Graham (Montgomery),

Pitts,

Graham (Talladega),

Rogers (Lowndes),

Heflin (Randolph),

Sanders,


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JOURNAL OF ALABAMA

S

Sanford,

Waddell,

Selheimer,

Watts,

Smith (Mobile),

White,

Smith, Morgan M.,

Wilson (Clarke)-41.

Tayloe,

And Section 7, as amended, was adopted.

SECTION EIGHT.

Sec. 8. The Governor shall take care that the laws be faithfully executed.

Was read at length and adopted.

ADJOURNMENT.

On motion of Mr. Jones, of Montgomery, the Convention adjourned until 10 o’clock to-morrow morning.

__________